A foreign or international divorce can be easily obtained in a country other than the one where one of the spouses resides if one of the spouses has become a resident of that foreign country and if both spouses consent to the jurisdiction of the foreign court over the marriage in order to grant of the petition for a divorce. The Full Faith and Credit Clause does not apply to judgments of foreign countries and the United States Constitution does not require States to give full force and effect to foreign divorce judgment under principals of comity.
If a foreign divorce decree is obtained by one spouse without the consent or the actual or constructive knowledge of the other spouse to that foreign divorce proceeding it will generally not be valid in the United States, unless, the non-consenting spouse has been acting as if the foreign divorce was valid by doing such things as be remarrying and acting as though he consented to the foreign divorce.
Elements Required in Non-consenting Spouse for Recognition and Validity of Foreign Proceeding
Public policy requires that if the elements below were not part of the foreign judicial divorce process it will not be recognized in the United States.
- Knowledge and notice (due process) of the foreign divorce proceeding by both spouses
- Spousal participation in foreign divorce proceeding personally or through an attorney
- Spousal acceptance of benefits of foreign divorce
- Remarriage by the spouses to other people based on the basis of the foreign divorce decree
Quickie Foreign Divorces
In Dominican Republic, Haiti and Mexico now all offer mail order divorces. To be valid in the United States at least one of the spouses must a domicile of that foreign country with intent to permanently remain and a present, participant in the foreign divorce proceeding. Many States will not recognize a foreign divorce decree for the reason that instances of fraud are extremely common in such decrees as are the inherent judicial inadequacies regarding important issues such as spousal alimony, child custody, child support and equal distribution of marital property.
Getting Legal Help
If you or a member of your family is seeking to bring about the dissolution of his marriage in a foreign country it may be helpful to discuss the circumstances of the marriage and the contemplated international divorce proceeding with an experienced divorce attorney. An attorney can provide valuable guidance as to whether or not the foreign divorce decree will be recognized as valid in the United States.
